RPM Performance Coatings Group, Inc. et al v. Fredrick

Filing 21

ORDER granting 17 plaintiffs' motion for entry of default. Plaintiffs are ORDERED to file a motion for default judgment pursuant to Rule 55(b) of the Federal Rules of Civil Procedure on or before 02/01/13. Furthermore, as defendant is in d efault and plaintiffs' requested relief can be granted in an order on default judgment, the Court finds that the preliminary injunction hearing set for Friday, January 11, 2013 at 9:30 a.m. is unnecessary. Therefore, said hearing will be CA NCELLED. Clerk to mail a copy of this Order via regular and certified mail to defendant. Signed on 1/10/13 by Chief District Judge Fernando J. Gaitan, Jr. (Enss, Rhonda) ***Modified on 1/10/2013 to reflect that a copy of the order was sent via r egular and certified mail, tracking #7001 0360 0003 3498 1089 to William Fredrick, 1003 NE Clear Creek Dr., Grain Valley, MO 64029-9182. (Wheeler, LaTandra). Modified on 1/10/2013 to note copy of order emailed to defendant at personal email address and voice mail left on defendant's cell phone (Enss, Rhonda).

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
RPM Performance Coatings Group, Inc.
and Stonhard, a division of StonCorp
Group, Inc.,
Plaintiffs,
vs.
William G. Fredrick,
Defendant.

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) Case No. 12-1392-CV-W-FJG
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ORDER
Pending before the Court is plaintiffs= Request and Motion for Entry of Default (Doc.
No. 17). The Court’s file reflects the Complaint was filed on November 26, 2012, and that
personal service was accomplished on November 29, 2012. To-date, the defendant has
failed to answer or otherwise respond to the plaintiffs’ Complaint, and the time for doing so
under Rule 4 of the Federal Rules of Civil Procedure has expired. On December 28, 2012,
the Court ordered defendant to show cause writing on or before January 9, 2013, why an
entry of default should not be made against him pursuant to Rule 55(a) of the Federal
Rules of Civil Procedure. Defendant was cautioned that failure to respond to this order
could lead to default being entered against him without further notice. Despite this order,
defendant has failed to respond.
Accordingly, plaintiffs’ request and motion for entry of default (Doc. No. 17) is
GRANTED. Plaintiffs are ORDERED to file a motion for default judgment pursuant to Rule
55(b) of the Federal Rules of Civil Procedure on or before FEBRUARY 1, 2013. Plaintiffs’
motion shall set out in detail the damages and other relief they believe they are entitled to,
and plaintiffs shall provide a proposed order on default judgment to Rhonda Enss,

Courtroom Deputy Clerk, at [e-mail] .
Furthermore, as defendant is in default and plaintiffs’ requested relief can be granted
in an order on default judgment, the Court finds that the preliminary injunction hearing set
for Friday, January 11, 2013 at 9:30 a.m. is unnecessary. Therefore, said hearing will be
CANCELLED.
It is FURTHER ORDERED that the clerk of the court mail a copy of this Order via
regular and certified mail to defendant at the following address: William Fredrick, 1003 NE
Clear Creek Dr., Grain Valley, MO 64029-9182.
IT IS SO ORDERED.

Dated: January 10, 2013
Kansas City, Missouri

/s/Fernando J. Gaitan, Jr.
Fernando J. Gaitan, Jr.
Chief United States District Judge

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